362 ARTICLE 9

thereof, if the defendant shall at any time within six months, to be ac-
counted from the return of said attachment, appear to the said original
action, and make it appear that the claim of the said plaintiff, or some part
thereof, is not due to the said plaintiff.

Striking out judgments of condemnation.

A judgment of condemnation rendered several terms anterior to the motion to strike
out, will not be disturbed in the absence of clear and convincing proof of fraud, surprise
or irregularity. Sarlouis v. Firemen's etc., Co., 45 Md. 235. See also Abell v. Simon,
49 Md. 318; Sherwood v. Mohler, 14 Md. 564.

If the garnishee fails to appear and plead, and judgment of condemnation is duly
entered, on motion to strike out the judgment, a lack of funds in the hands of the
garnishee will not be inquired into. Sarlouis v. Firemen's etc., Co., 45 Md. 243; Lawrence
Bank v. Raney, 77 Md. 321. See also Northern Central, etc., Co. v. Rider, 45 Md. 24;
Groome v. Lewis, 23 Md. 137; Post v. Bowen, 35 Md. 232; Anderson v. Graff, 41 Md.
601; Windwart v. Allen, 13 Md. 202.

There is no appeal from an order striking out a judgment of condemnation during the
term at which it was entered. Sloan v. Locust Point Co., 71 Md. 336.

Generally.

Judgment of condemnation nisi of specific property attached becomes final at the
expiration of the term, without further proof. Plaintiff can only have execution within
a year and a. day by giving bond. Western Bank v. Union Bank, 91 Md. 623.

The running of the statute of limitations against execution on the judgment of
condemnation nisi is not suspended during the year and a day. Johnson v. Foran,
59 Md. 462.

A judgment of condemnation cannot be entered by the clerk without an order of
court, Lee v. Carrollton S. & L. Assn., 58 Md. 304; Carrollton S. & L. Assn. v. Kerngood,
51 Md. 417.

Where the requirements of the statute have been complied with the plaintiff is en-
titled to his judgment of condemnation as a matter of right, and an appeal lies from
the refusal of the court to enter such judgment. Dawson v. Contee, 22 Md. 27.

A judgment of condemnation does not give a right to the specific property at-
tached, but condemns it and makes it liable to execution and sale. Davidson v.
Beatty, 3 H. & McH. 594. See also Owings v. Norwood, 2 H. & J. 96.

No judgment of condemnation can be entered if the garnishee appears. What amounts
to appearance by attorney? Northern Central Ry. Co. v. Rider, 45 Md. 31.

This section has no application to the time for appeal. Mears v. Adreon, 31 Md. 236.

This section referred to in construing secs. 10 and 35—see notes thereto. Harris v.
Balk, 198 U. S. 215.

This section referred to in construing sec. 46. See notes thereto. Sanitary Grocery
Co. v. Soper, 146 Md. 134.

An Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13. 1888, sec. 13. 1715, ch. 40, sec. 4.

1880, ch. 28.

13. No sheriff or other officer shall levy by way of execution against
the garnishee more than the plaintiff's debt and cost, nor more than what
the said plaintiff shall make appear to be the value of the property and
credits attached in the hands of such garnishee, together with such costs
only as the garnishee shall put the plaintiff to by denying himself to be
indebted to the defendant, and contesting the same; and upon any judg-
ment of condemnation nisi against any garnishee for want of appearance
or plea, the plaintiff shall be at liberty to proceed and prove his case in the
same manner as in any judgment by default ex parte, and not otherwise,
by proof of his debt, and also of the amount of the assets of the defendant
in the hands of the garnishee properly subject to attachment; and no judg-
ment of condemnation nisi shall be made absolute without such proof;
provided, that in all cases in which a garnishee has been summoned, at any
time after the return of the writ, the plaintiff may file interrogatories in
the cause, which shall be served by the sheriff upon the garnishee within ten
days thereafter; or, if the garnishee shall be a non-resident of the State,
shall be served upon the garnishee by some person to be appointed by the
court in which the case is pending; and if the garnishee shall fail to answer